D.Kavitha v. Special Tahsildar (La)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.283 of 2020 D. Kavitha ... Petitioner Vs.

1. Special Tahsildar ( L.A) Chennai Unit II Chennai Metro Rail Ltd., Harini Towers ( LA Division) Door No.7, Conron Smith Road, Gopalapuram, Chennai - 600 086.

2. Chennai Metro Rail Ltd., Represented by its Managing Director, CMRL Depot, Admin Building, Poonamallee high Road, Koyambedu, Chennai - 600 107.

3. The Estate Officer and Joint General Manager CMRL Depot, Administrative Building Poonamallee High Road, Koyambedu, Chennai - 600 107.

....Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records

pertaining to the demand notice issued by the 3rd respondent vide Rc.No.EST/D.N/land-phase-1/26/2019 dated 18.12.2019 and quash the same and pass orders.

For Petitioner : Mr.Adinarayana Rao For Respondents 1 and 2 : Mr. K.M.D. Muhilan Government Advocate For Respondent-3 : M/s Jayesh B.Dolia

O R D E R

The petitioner had filed this Writ petition for issuance of a Writ of Certiorari calling for the records relating to the impugned demand notice Rc.No.EST/D.N/land-phase-1/26/2019 dated 18.12.2019 and quash the same.

2. The case of the petitioner is that the second respondent acquired the subject land and further an award was also passed an Award on 12.01.2012. Challenging the same the petitioner filed a claim petition vide LA.O.P.No.8 of 2013 on the file of VI Assistant City Civil Court at Chennai and the same is pending. When this being the case, the 3rd respondent issued a demand notice dated 18.12.2019 demanding the petitioner to pay rent as the

petitioner is using the CMRL land for his ingress and egress. Aggrieved over the same the petitioner has come up with this writ petition.

3. The learned standing counsel appearing for the third respondent submits, on instruction that the 3rd respondent will not demand any payment of rent and permits for free ingress and egress to the petitioner and is expressing to withdraw the demand notice.

4. Recording the submission made by the learned standing counsel appearing for the third respondent, the 3rd respondent is permitted to withdraw the impugned demand notice. Accordingly, this writ petition stands closed. No order as to costs. Consequently the connected miscellaneous petition is closed.

17.11.2022 Index: Yes/ No Internet: Yes/No smn M.DHANDAPANI,J.

smn To

1. Special Tahsildar ( L.A) Chennai Unit II Chennai Metro Rail Ltd., Harini Towers ( LA Division) Door No.7, Conron Smith Road, Gopalapuram, Chennai - 600 086.

2. Chennai Metro Rail Ltd., Represented by its Managing Director, CMRL Depot, Admin Building, Poonamallee high Road, Koyambedu, Chennai - 600 107.

3. The Estate Officer and Joint General Manager CMRL Depot, Administrative Building Poonamallee High Road, Koyambedu, Chennai - 600 107.

and W.M.P.No.283 of 2020 17.11.2022